International Trade

  • December 1, 2015

    Bank Of China Faces Contempt Ruling In Trademark Row

    The Bank of China asked the Second Circuit on Tuesday to immediately review a court order issued the day before imposing a $50,000 daily fine for refusing to hand over account information on Chinese customers accused of selling counterfeit luxury goods, saying that its hands are tied under Chinese privacy law.

  • December 1, 2015

    House Launches Debate On Contentious Energy Security Bill

    U.S. House of Representatives lawmakers kicked off debate Tuesday on a sweeping energy bill that would speed up approval for interstate pipelines and liquefied natural gas exports, among other changes, amid the looming threat of a presidential veto.

  • December 1, 2015

    Commerce Must Reconsider Wooden Chest Duties, CIT Says

    The U.S. Court of International Trade on Monday told the U.S. Department of Commerce to take another look at anti-dumping duties assessed on certain wooden chests imported by Ethan Allen from China, finding the items may not have been within the scope of a final duty order.

  • December 1, 2015

    Bipartisan, Long-Term Highway Funding Bill Reached

    House and Senate negotiators unveiled a five-year, $305 billion transportation funding bill Tuesday meant to improve the country’s highways, bridges, railroads and other surface transportation infrastructure.

  • December 1, 2015

    House Steel Caucus Urges Passage Of Lagging Customs Bill

    The bipartisan House Steel Caucus on Monday urged congressional leaders to promptly finish their work on pending legislation to beef up customs enforcement and sought assurances that the bill will take a hard line against circumvention and evasion of import anti-dumping and countervailing duties.

  • December 1, 2015

    Fed. Circ. Reins In DOJ's Pursuit Of Duty Evasion Penalties

    The Federal Circuit on Tuesday set limitations on the U.S. government's ability to seek penalties against importers for duty evasion, finding that it may only do so when its case aligns with the allegations lodged at the administrative level by U.S. Customs and Border Protection.

  • December 1, 2015

    US Says EU Agricultural Policies Threaten TTIP Talks

    Divergent priorities between the U.S. and the European Union in the agricultural sector, such as policies toward genetically modified crops, remain barriers to concluding the Transatlantic Trade and Investment Partnership, according to remarks by U.S. Agriculture Secretary Tom Vilsack on Tuesday.

  • December 1, 2015

    Commerce Ordered To Rethink Chinese Garlic Duty Review

    The U.S. Court of International Trade on Monday ordered the Department of Commerce to rethink its use of the Philippines as a stand-in for China in an anti-dumping duty review over garlic imports, saying the government had improperly weighed whether the Philippines was a "significant" garlic producer.

  • December 1, 2015

    Dems Still Unsatisfied With TPP's Investment Provisions

    The investment chapter of the Trans-Pacific Partnership includes numerous provisions aimed at mollifying concerns stemming from the investor-state dispute settlement, or ISDS, mechanism, but the text still falls short in some respects, according to an analysis released Monday by the House Ways and Means Committee’s Democrats.

  • December 1, 2015

    Treasury Official Says EU Tax Investigations Strain US Ties

    An official from the U.S. Department of the Treasury on Tuesday criticized the European Union’s state aid investigations into the tax deals EU countries have made with American multinational companies, saying they are damaging U.S. relations with those countries.

  • November 30, 2015

    State Department Steps Up Clinton Private Email Dump

    The U.S. Department of State on Monday released nearly 8,000 pages of emails from former Secretary of State Hilary Clinton's private account, including a forwarded exchange with a New York Times reporter that had previously been categorized as classified.

  • November 30, 2015

    Arbitrator Questions EU's Investment Court Plan For TTIP

    The European Union’s proposal for a standing investment court system in the Transatlantic Trade and Investment Partnership came under fire recently from the “trenches” of international arbitration, facing claims of “rushed political appeasement” from a high-profile arbitrator.

  • November 30, 2015

    South Korean Lawmakers Greenlight Trade Pact With China

    South Korean lawmakers on Monday approved a free trade agreement with China that will eliminate tariffs on more than 90 percent of all imports between the Asian powerhouses within the next two decades, a deal that both countries hope will boost their flagging exports.

  • November 30, 2015

    Nordstrom, Jeans Co. To Pay $4M To End 'Made In USA' Row

    Nordstrom Inc. and a luxury denim manufacturer are paying more than $4 million to settle a proposed consumer class action accusing them of falsely marketing jeans as "made in the USA," according to a Monday filing in California federal court.

  • November 30, 2015

    IMF Approves China's Currency For Global Reserves

    The International Monetary Fund’s executive board announced Monday that the Chinese renminbi will become the fifth currency to be included in the organization’s international reserve asset that supplements member countries’ official reserves.

  • November 30, 2015

    Obama, Xi Huddle On Cybersecurity, Trade Issues

    President Barack Obama and Chinese President Xi Jinping met on the sidelines of a closely watched climate summit on Monday to discuss a handful of bilateral trade matters, including the two countries' work on cybersecurity and China's ongoing effort to implement market-based reforms to its economy.

  • November 30, 2015

    Panama Wins Challenge To Colombia's Apparel Tariff At WTO

    The World Trade Organization on Friday backed Panama in a dispute with Colombia over a tariff on textiles, clothes and footwear, saying Colombia hadn't shown that the measures, which breach rates permitted under its WTO agreement, are needed to combat money laundering.

  • November 30, 2015

    EU Gathers Allies To Eliminate Ag Export Subsidies At WTO

    The European Union on Friday touted its effort to ban World Trade Organization countries from doling out agriculture export subsidies and other support measures that distort global food markets, unveiling a proposal it has put forward with other nations for the WTO's upcoming summit.

  • November 25, 2015

    Canada Faces $4.8B NAFTA Claim Over Marijuana Facility

    Canada is facing a $4.8 billion North American Free Trade Agreement claim from a company that sought to open the world’s largest medical marijuana facility, teeing up a fight over health authorities’ decision to reject its license application.

  • November 25, 2015

    Bio-Rad Will Ask 9th Circ. To Nix Whistleblower GC’s Claims

    Bio-Rad Laboratories Inc. is planning to ask the Ninth Circuit to immediately review a California federal court’s recent refusal to toss claims in its former general counsel’s whistleblower suit alleging he was fired after reporting that company leadership potentially engaged in overseas bribery.

Expert Analysis

  • Making The Most Of Document Analytics

    Rand Ghayad

    Recent case law reflects a clear progression toward judicial acceptance of document analytics. In this article, principals at The Brattle Group Inc. and the leader of Reed Smith LLP's records and e-discovery group summarize court opinions on the superiority of using predictive coding over keyword searches and provide an illustration of how a closely related method, topic modeling, can be used in document-intensive investigations.

  • Chinese Excess Capacity Causes A Global Steel Crisis

    Terence P. Stewart

    The steel industry in the U.S. and in other countries is in the midst of a major crisis trying to deal with waves of imports that seem to flow directly and indirectly from massive excess capacity in China, but traditional trade remedies are ill-suited to the problem, says Terence Stewart of the Law Offices of Stewart and Stewart.

  • What Happens In Latin America Doesn't Stay In Latin America

    Nicholas Berg

    Due to public pressure, Latin American governments are for the first time aggressively investigating allegations of bribery and corruption at the local level and actively cooperating with foreign government agencies, including the U.S. Department of Justice and the U.S. Securities and Exchange Commission. Companies operating in the region should take heed, say attorneys with Ropes & Gray LLP.

  • US Courts Aren't Helping With EU Data Privacy Relations

    Andre Fiebig

    The disposition of U.S. courts in data privacy cases is likely to undermine whatever mitigating effect that the promise of a U.S. remedy might have in the attempts to reach a deal between the U.S. and the EU. The Seventh Circuit's recent decision in Silha v. ACT is yet another example of this, says Andre Fiebig of Quarles & Brady LLP.

  • OPINION: In Search Of Our Best Law Firm Selves

    James Maiwurm.jpg

    Several developments over the past few months caught the eye of Jim Maiwurm, chairman emeritus of Squire Patton Boggs. Try as he might, he could not resist the temptation to comment on a few — such as the expansion of the Dentons “polycentric” empire, a confused verein controversy, and provocative suggestions that the law firm partnership model is a dinosaur.

  • A Closer Look At Fed. Circ.’s Ruling In ClearCorrect

    Lyle B. Vander Schaaf

    The Federal Circuit's majority opinion in ClearCorrect seems to provide a sweeping pronouncement regarding U.S. International Trade Commission jurisdiction, but the ITC likely will read the opinion narrowly to simply stand for the proposition that, where the only imported item is digital data that is transferred electronically from outside the U.S., the agency does not have jurisdiction, say Lyle Vander Schaaf and Yashas Honasoge o... (continued)

  • Cuba Is Open For Foreign Investment — Except From The US

    Arti Sangar

    To address its crumbling infrastructure challenge, the Cuban government has opened the door wide and hung a sign proclaiming: Foreign Investors Welcome. However, existing sanctions and the Helms-Burton Act mean U.S. investors and infrastructure developers will have to wait on the sidelines, say Arti Sangar and Chad Purdie at Diaz Reus & Targ LLP.

  • New Federal Rules Acknowledge It’s Time To Drop The 'E'

    Gregory Leighton

    The amendments to the Federal Rules of Civil Procedure scheduled to take effect Dec. 1 are designed to usher in a new era in the U.S. litigation system, this time acknowledging that what was once known as “e-discovery” is now just discovery. The amendments are sweeping in scope, but none is more important than the revised Rule 37(e), say Gregory Leighton and Eric Choi of Neal Gerber & Eisenberg LLP.

  • FinCEN Expands Data Collection Geography Beyond Banking

    Heather A. Kabele

    Over the last 15 months the U.S. Treasury’s Financial Crimes Enforcement Network has issued five geographic targeting orders aimed at data collection that reach beyond the traditional banking sector into the armored car, common carrier and fashion sectors, says Heather Kabele at Vorys Sater Seymour and Pease LLP.

  • Yates Memo May Help Gov't Get Foreign-Based Evidence

    Daniel Prince

    The process for obtaining foreign-based evidence that is outside the scope of a federal grand jury subpoena may become less complicated to the extent prosecutors condition cooperation credit under the Yates memorandum on the production of information that is housed overseas, including, for example, by a foreign affiliate, say attorneys with Paul Hastings LLP.